Kelly Gerrard and William Longrigg of Charles Russell Speechlys review the costs rules in ancillary relief proceedings and set out the case for reinstating the Calderbank regime.
The current system does little to incentivise parties to negotiate at an early stage. This article advocates a return to a system that enables the judiciary to penalise in costs those parties adopting an unreasonable position in litigation.
The full article will be published in the April issue of Family Law.
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